General Terms and Conditions

1. INTRODUCTION

In this Service Agreement ("Agreement"),"Customer," User, "you" and "your" refer to each customer or user and Pool.com, "we," "us" and "our" refer to Pool.com Inc. This Agreement explains our obligations to you, and your obligations to us, in relation to your use of our services.

By selecting Pool.com service(s) you have agreed to establish an account with us for such services. When you use your account or permit someone else to use your account to purchase or otherwise acquire access to additional service(s), or to modify or cancel such service(s) (even if we were not notified of such authorization), this Agreement covers any such service or actions. Any acceptance of your application(s) for our services and the performance of our services will occur at our offices in 26 Auriga Drive, Ottawa, ON, Canada, the location of our principal place of business.

For all Pool.com services provided, the Terms and Conditions as described in this section (GENERAL TERMS & CONDITIONS) will apply. Additional Terms and Conditions also apply for specific Top Level Domains (TLDs) under which domains are acquired. These include .BIZ and are detailed in the Section titled "TOP LEVEL DOMAIN SPECIFIC TERMS & CONDITIONS"

2. BACKORDERS, AUCTIONS AND OTHER SERVICES

Pool.com offers domain backorders, alerts and other services to its customers. After you have successfully backordered a domain through Pool.com, we will attempt to secure that backordered domain if it subsequently becomes available for public registration. There is no initial fee for placing a backorder and you will only be charged if Pool.com is successful in securing such domain on your behalf and, if applicable, you are successful in winning the auction with respect to the domain. Current fees for successful backorder registrations and other services, if applicable, are stated in our FAQs, and are incorporated herein as though recited at length.

Successful domain registrations may end up at any of our registrar partners. In order to maximize the chance of registration success, we leverage a network of third party registrars. The backordered domain may therefore be registered through any one of these partner registrars, and we therefore do not guarantee that the registration will occur at any particular registrar. Subject to registry and/or registrar requirements (usually a 60 day wait period), you may subsequently transfer any backordered domain to a registrar of your choice. You must carefully review the terms and conditions of the registrar that successfully acquired the domain, and such terms and conditions are incorporated herein by reference.

Successful backorders will be registered at the registry for a one-year term or such longer minimum term as required by the registry. Registration fees for such initial registration term are included in your Pool.com fee.

Pool.com will use its commercially reasonable efforts to register a backordered domain on your behalf through one of our registrar partners. However, we do not guarantee the successful acquisition or registration of any domain.

Furthermore, we do not guarantee that, if a particular registrar successfully registers a backordered domain, such registration will be made on your behalf (even if such registrar is a current or past partner of Pool.com). In the event that Pool.com is successful in acquiring a backordered domain, Pool.com will conduct an auction and the domain will be registered on behalf of the highest bidder in such auction. Please see Section 3 below for more information on auctions.

Due to the high costs incurred by Pool.com and its partners in searching for and obtaining domains, we are unable to make a refund following a successful registration on your behalf. You may cancel a backorder for a particular domain at any time prior to its successful registration on your behalf except between 1:45 p.m. EST and 4:00 p.m. EST on the day the domain is set to delete by logging into Pool.com and removing such domain from your list of backordered domains.

Pool.com also offers alerts and other services and information that may assist you in identifying the current status of domains that you may wish to backorder. Such services and information are provided on an as-is basis from third parties, and Pool.com does not represent or warrant to the truth or accuracy of such information. Prior to placing a backorder for a particular domain, you should independently confirm all such information by performing WHOIS searches that can be found on the websites of ICANN accredited registrars.

Unless otherwise specified by you, Pool.com will point all backordered domain names to a parked or coming soon web page that informs visitors that the domain has recently been registered via the Pool.com service and which may include promotional or other information (including without limitation hyperlinks) as determined by Pool.com and our partners in our sole discretion. You agree that any and all revenue generated from such a parked or coming soon web page enures to the benefit of Pool.com. You may modify the nameserver information and discontinue use of the coming soon page for any particular domain at any time, with or without notice to us, by logging into your registrar account and making such changes.

3. BIDDING / AUCTIONS

In the event that Pool.com is successful in acquiring a backordered domain, Pool.com will conduct an auction and the domain will be registered on behalf of the highest bidder in such auction.

The auction may be opened by Pool.com at a reserve bid level, which where no bidder bids in excess thereof, the domain may be retained by Pool.com, deleted or otherwise disposed of by Pool.com as Pool.com sees fit in its sole discretion. If you choose to bid for a particular domain and you are the highest bidder at the end of an auction, you are obligated to complete the transaction and pay to Pool.com the amount of your winning bid. Other terms and conditions applicable to auctions are set forth on the website, located at www.pool.com. Carefully consider your bids prior to placing them - Bids are not retractable under any circumstances.

If no bids are placed on a particular domain, Pool.com will register the domain on behalf of the first Pool.com customer to place a backorder for such domain, and that customer will be charged our regular service fee.

Following the successful completion of an auction for a particular domain, Pool.com will notify the winner. If you are the winning bidder on an auction, Pool.com will attempt to collect payment. Should this fail, you will have 24 hours to complete successful payment of your bid amount to Pool.com. This time period is required due to time constraints placed on Pool.com and its partners by the domain registries. In the event full payment is not received within 24 hours by the winning bidder, Pool.com may, in addition to any other remedies it may have available to it, at any time (at Pool’s sole discretion) notify the second highest bidder (and subsequently the third highest bidder, etc.) that they have won the auction, and charge such bidder their highest bid amount. Such winning bidder will then have up to 24 hours to complete full payment of their bid, and the remaining terms herein apply thereto.

4. SECURITY

When you participate in a dot-BIZ auction, we provide you with a password that can be used to modify your backorder information. It is your responsibility to safeguard your password. You accept full responsibility for any services purchased, or modifications made to your account, using this password.

5. FEES & PAYMENT

As consideration for the services you have selected, you agree to pay Pool.com the applicable service(s) fees set forth on our website at the time of your selection. You agree to keep your credit card information accurate and current with Pool.com at all times. You agree that Pool.com reserves the right to increase its fees and you agree to be bound by any fee increase. All fees are due immediately upon the earlier of the close of auction or the successful backorder registration (as the case may be) and are non-refundable. Pool.com may take all remedies available to collect fees owed and may recover from you all costs and expenses (including reasonable attorney fees) incurred by Pool.com to collect such fees.

In the event of non-payment, reversal of payment, or a charge back by a credit card company or other payment provider, in addition to any other remedies Pool.com may have, we may, in our sole discretion, take any of the following actions: (i) transfer any domain that you have acquired through the Pool.com service to Pool.com as the paying entity for the registration; (ii) delete the backordered domain; and (iii) suspend or terminate your account and any or all backordered domains. Pool.com reserves the right to charge an administration fee (as specified in the FAQs located at www.pool.com) to cover our time and expense associated with the recovery of payment in the event of non-payment, reversal of payment, or a charge back by a credit card company or other payment provider.

6. TERM OF SERVICE

Unless otherwise specified, each Pool.com service, including backorders, is for a one-year initial term and will renew automatically thereafter for successive one-year terms unless either party elects to terminate such backorder or other service (which you can do at any time by logging into your Pool.com account and indicating your election to terminate such backorder or other service). Any renewal of your services with us is subject to our then current terms and conditions and payment of all applicable service fees at the time of renewal.

7. ACCURATE INFORMATION

In order for Pool.com to successfully register a dot-BIZ auctioned domain through one of our partners on your behalf, you must supply us with complete, accurate and current required registration information. As further consideration for the Pool.com service(s), you agree to: (i) provide certain current, complete and accurate information about you as required by the domain name application process; (ii) maintain and update this information as needed to keep it current, complete and accurate; and (iii) respond within fifteen (15) calendar days to any request by us to update or confirm the accuracy of your information. We rely on this information to carry out our services for you and comply with the requirements of the registries of domain names and to send you important information and notices regarding your account and our services. Any failure by you to provide or update such information or to respond to our request is a material breach of this Agreement and may result in our inability to successfully register a dot-BIZ auctioned domain on your behalf and we may, in our sole discretion, elect to cancel the services without further notice to you, without limitation to our rights and recourses herein.

You acknowledge that our registrar partners are required to make this information publicly available on a WHOIS database as expressed in such registrars' service agreements, and you consent to such disclosure. In addition, you must keep your Pool.com user information (including without limitation your name, credit card information and email address) accurate and current so that we may reliably communicate with you regarding the status of your backorders and other Pool.com services you may be using, and collect payment for service fees and any other amounts owing in a timely manner. If you do not supply accurate and complete contact and credit card information to us, we will be unable to perform our services to you, it will be considered a material breach of this Agreement, and we may, in our sole discretion, elect to cancel the services without further notice to you.

Our privacy statement, located on our website at http://www.pool.com/privacy.aspx and incorporated herein by reference, sets forth your and our rights and responsibilities with regard to your personal information.

8. THIRD-PARTY INFORMATION

You represent and warrant that you have provided notice to, and obtained consent from, any third party individuals whose personal data you supply to us as part of our services with regard to: (i) the purposes for which such third party's personal data has been collected; (ii) the intended recipients or categories of recipients of the third party's personal data; (iii) which parts of the third party's data are obligatory and which parts, if any, are voluntary; and (iv) how the third party can access and, if necessary, rectify the third party's personal data. You further agree to provide such notice and obtain such consent with regard to any third party personal data you supply to us in the future. We are not responsible for any consequences resulting from your failure to provide notice or receive consent from such individuals or for your providing outdated, incomplete or inaccurate information.

9. MODIFICATIONS TO AGREEMENT

Except as otherwise provided in this Agreement, you agree, during the term of this Agreement, that we may revise the terms and conditions of this Agreement and/or change the services provided under this Agreement at any time. Any such revision or change will be binding and effective ten (10) calendar days after the revised Agreement or change to the service(s) is posted on the Pool.com website. You agree to periodically review our website, including the current version of this Agreement available on our website, to be aware of any such revisions. If you do not agree with any revision to the Agreement or change to the services, you may terminate this Agreement at any time. Any fees paid by you prior to termination of your Agreement with us are nonrefundable, but you will not incur any additional fees. By continuing to use our services ten (10) calendar days after any revision to this Agreement or change in service(s) is posted on our website, you agree to abide by and be bound by any such revisions or changes. We are not bound by and you may not rely on any representation concerning this Agreement or our services made by: (i)any agent, representative or employee of any third party that you may use to apply for our services; or (ii) information posted on our Web site of a general informational nature. No employee, contractor, agent or representative of Pool.com or any partner of Pool.com is authorized to alter or amend the terms and conditions of this Agreement.

10. MODIFICATIONS TO YOUR ACCOUNT

In order to change any of your account information with us, you must use your account name and the password that you selected when you created your Pool.com account. Please safeguard this information from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your account name or password.

11. PROHIBITED CONDUCT

You agree that you will only use our services for lawful purposes. We have no responsibility to monitor your use of domains we register on your behalf; however, we reserve the right to terminate your account if a dot-BIZ auctioned domain registered on your behalf is found to be pointing to or otherwise directing traffic to any content or material in violation of any statute or regulation, including without limitation any violation of domestic or international copyright laws, trademark laws, cyber-squatting laws, or any material judged to be threatening or obscene.

12. DISPUTE POLICY

If we successfully register a backordered domain on your behalf through one of our partners, you agree to be bound by ICANN's Uniform Domain-Name Dispute-Resolution Policy (the "ICANN UDRP") that is incorporated herein and made a part of this Agreement by reference. The current version of the ICANN UDRP may be found at ICANN's Web site: www.icann.org. Please take the time to familiarize yourself with that policy.

In addition, you agree that, if your use of any domain name registered on your behalf by Pool.com is challenged by a third party, you will be subject to the provisions specified in the dispute policy of the registering registrar in effect at the time of the dispute. In addition to such dispute policy, you will indemnify and hold Pool.com harmless pursuant to the terms and conditions set forth in this Agreement.

We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of any domain or our services. You will not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in a proceeding, we reserve the right to utilize any and all defenses available to us and to take any further action that we deem necessary to defend ourselves.

13. AGENTS

You agree that, if your agent purchased our service(s) on your behalf, you are nonetheless bound as a principal by all terms and conditions herein, including the ICANN UDRP and the dispute policy, whether your agent was authorized by you or not. You certify that your agent is authorized to apply for our services on your behalf, that he or she is authorized to bind you to the terms and conditions of this Agreement and that he or she has apprised you of the terms and conditions of this Agreement. In addition, you are responsible for any errors made by your agent. We will not refund any fees paid by you or your agent on your behalf for any reason based on any act or omission of your agent.

To the extent the use of another party to purchase our services causes any ambiguity as to the nature of the relationship, you and the party purchasing the services agree you are jointly and severally obligated by the terms hereof, and that Pool, at its sole discretion may proceed against one or both parties without prejudice to any of its rights hereunder.

14. NOTICES AND ANNOUNCEMENTS

You authorize us to notify you as our customer of information that we deem is of potential interest to you. Notices and announcements may include commercial e-mails and other notices describing changes, upgrades, new products and services or other information pertaining to services and/or other relevant matters. If you do not wish to receive bulk email solicitation notices or announcements please de-select such options from your Pool.com account.

15. LIMITATION OF LIABILITY.

To the extent permitted at law, Pool.com and its partners and contractors will not be liable for any direct, indirect, incidental, special or consequential damages resulting from your use or inability to use any of the Pool.com services or for the cost of procurement of substitute services. We disclaim any and all loss or liability resulting from, but not limited to: (i) any failure or inability to register a dot-BIZ domain name on your behalf; (ii ) any third party claims arising from or based on your use of our services; (iii) access delays or access interruptions; (iv) data non-delivery or data mis-delivery; (iv) acts of God; (v) the unauthorized use or misuse of your Account name or password; (vi) errors, omissions, or misstatements in any and all information or service(s) provided under this Agreement; (vii) the deletion of or failure to store data of any kind; (viii) the development or interruption of your website; (x) our processing of your application for our services, our processing of any authorized modification to your record or your agents failure to pay any fees, our fees or re-registration fees; (xi) the application of the ICANN UDRP or the Dispute Policy; or (xii) any other dispute policy applicable to your domain. You agree that our entire liability, and your exclusive remedy, with respect to any Pool.com service(s) provided under this Agreement and/or for any breach of this Agreement is solely limited to the amount for which Pool has received payment for such service(s).

16. INDEMNITY

You agree to release, indemnify, and hold Pool.com, our partners, contractors, agents, employees, officers, directors, shareholders, affiliates and assigns harmless from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, relating to or arising from your domain name registration or use of your domain name or the Pool.com services provided hereunder. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of this Agreement. In addition, in the event we are made a party to any claim, suit or action by you which is unsuccessful or by a third party in each case relating to or arising from your domain name registration or use of your domain name or the Pool.com services provided hereunder, you will reimburse us, at a reasonable rate, for all personnel time and expenses expended by us in response to such claim, suit or action including without limitation, all attorney fees and expenses incurred by us with respect to such response.

In addition, you agree to indemnify and hold harmless the applicable registry operator and its directory, officers, employees and agents from and against any and all claims, damages, liabilities, costs and expenses (including reasonable legal fees and expenses) arising out of or related to your domain name registration.

17. BREACH

You agree that your failure to abide by any provision of this Agreement, any Pool.com operating rule or policy, the ICANN UDRP or any dispute policy may be considered by us to be a material breach of this Agreement and that we may, in our sole discretion, elect to cancel the services without further notice to you. We will not refund any fees or other amounts paid by you prior to the termination of your Agreement due to your breach. Any such breach by you will not be deemed to be excused simply because we did not act earlier in response to that, or any other breach, by you.

18. NO GUARANTEE

You agree that the registration of your chosen domain name does not confer immunity from objection to either the registration or use of your domain name.

19. REPRESENTATIONS AND WARRANTIES

You represent and warrant that: (i) the information that you or your agent on your behalf provide to us during the application process to register your domain name or to apply for other Pool.com service(s) is, accurate and complete, and that any future changes to this information will be provided to us in a timely manner; (ii) to the best of your knowledge and belief neither the registration of your domain name nor the manner in which you intend to use such domain name will directly or indirectly infringe the legal rights of any third party; (iii) you have all requisite power and authority to execute this Agreement and to perform your obligations hereunder; (iv) you have selected the necessary security option(s) for your registration record; and (v) you are of legal age to enter into this Agreement.

20. RELEASE

You release Pool.com, our partners, contractors, agents, employees, officers, directors, shareholders, affiliates and assigns, and any of their representatives from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with our services. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

21. DISCLAIMER

You agree that your use of our service(s) is solely at your own risk. You agree that all of our services are provided on an "as is," and "as available" basis. WE EXPRESSLY DISCLAIM ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED CONDITIONS AND WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY OR REPRESENTATION THAT OUR SERVICE(S) WILL MEET YOUR REQUIREMENTS, THAT WE WILL BE ABLE TO REGISTER ANY PARTICULAR DOMAIN ON YOUR BEHALF, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE(S) OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH OUR SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY OR REPRESENTATION REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ANY OF OUR SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US WILL CREATE ANY CONDITION OR WARRANTY NOT EXPRESSLY MADE HEREIN. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Pool.com reserves the right to terminate any of its services at any time, with or without notice to you. In the event of such termination, your sole remedy will be to request a refund of any amounts paid to Pool.com for services that were not completed in whole or in part. In the event that a service was partially completed, you may request a refund of the pro-rata portion of such fee for uncompleted services.

22. RIGHT OF REFUSAL

We, in our sole discretion, reserve the right to refuse to register your dot-BIZ domain name on your behalf or register you for other Pool.com service(s). You agree that we will not be liable to you for loss or damages that may result from our refusal to register your domain name or our refusal to register you for other Pool.com service(s).

23. SEVERABILITY

You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.

24. ENTIRETY

You agree that this Agreement, the rules and policies published by us, the ICANN UDRP, the dispute policy of any Registry of the domain name in question, the dispute policy and the privacy statement are the complete and exclusive agreement between you and us regarding our services. This Agreement, our rules and policies, the ICANN UDRP, the dispute policy of any Registry of the domain name in question, the dispute policy and the privacy statement supersede all prior agreements, representations and understandings, whether established by custom, practice, policy or precedent.

25. NON-ASSIGNMENT

Your rights under this Agreement are not assignable. Any attempt by you to assign your rights will render this Agreement voidable at our option. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, garnishment or otherwise, will render this Agreement voidable at our option.

26. GOVERNING LAW

You agree that this Agreement and any disputes hereunder will be governed in all respects by and construed in accordance with the laws of the Province of Ontario, Canada, excluding its conflict of laws rules. You and we each submit to exclusive subject matter jurisdiction, personal jurisdiction and venue of the courts of that Province. You agree that any action, suit or application will be brought and heard in Ottawa, Canada.

27. AGREEMENT TO BE BOUND

By applying for the service(s) of a Pool.com or an affiliate through our online application process or by backordering a domain name using the service(s) provided by Pool.com or its affiliates under this Agreement, or by participating in an auction, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement, the ICANN UDRP, the dispute policy and any pertinent rules or policies that are or may be published by Pool.com, or ICANN.

TOP LEVEL DOMAIN SPECIFIC TERMS & CONDITIONS

1. .BIZ ORDERS

To participate in a dot-BIZ auction, you must first establish a user account using the email address of the Registrant that will be used in the domain registration.

Any auction in which you are the successful winner, you will be obligated to remit full payment for the domain. Your Participant credentials (the userid and password) provided to you for your Pool.com account should be kept in full confidence as any bids submitted under this login will be your responsibility.

You will only be charged auction fees for those domains you have successfully won at auction. Pool.com does not provide registration services. All fees related to dot-BIZ domain registrations (if any) will be charged to you by the Registrar you choose to subsequently register your domain.

Upon successful completion of payment of auction fees, Pool.com will notify you directly through the email provided with your account that your domain has been registered using the whois data provided when you created your account. The initial registration in your name will not include the specification of DNS which means your domain will not resolve until it has been transferred by you. Such notification will include an auth code that you can use to request a transfer of the domain to the registrar of your choice. Transfer approval requests will be sent by the registry to the email provided with your account. It is your responsibility to ensure this email address is current. Pool.com has no role to play in the actual registration of your domain. This process happens external to and independent of Pool.com and may be changed by the Registry at any time.

The payment methods for specific thresholds are as follow:

For amounts less than 1,000 USD the credit card specified on the account will be automatically billed.
For amounts 1,000 USD to 2,500 USD a billing authorization will be required.
For amounts greater than 2,500 USD a wire transfer will be required. The payee is responsible for any and all bank fees. You will want to pay special attention when submitting a wire payment to ensure that the full amount is sent to Pool.com meaning your bank is deducting their fees from you not from the payment to Pool.com.

Note: Pool.com operates on a cumulative daily billing cycle so the payment method will depend on the amount due for a single day.

It is your responsibility to ensure you meet any and all requirements for registration of a dot-BIZ domain name, including any presence requirements.. You acknowledge that the Registry may in its discretion require Pool.com to re-open any auction.

For the purposes of this section 1 of the Top Level Domain Specific Terms & Conditions, where in the General Terms and Conditions "www.pool.com" is referenced, it reads "www.pool.com and TwoDotBiz.biz"